In re the Forfeiture of Public Office of Nunez

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

This appeal involves a public employer’s attempt to enforce a forfeiture of the employment of one of its employees based on his conviction of a crime after the conviction was expunged. We conclude that the expungement precludes forfeiture of the employee’s position based on the conviction.

On June 28, 1991, respondent Francois Nunez pled guilty pursuant to a plea bargain to unlawful possession of a weapon, in violation of N.J.S.A. 2C:39-5(b), which is a third-degree offense. At the time of his plea, Nunez was employed by appellant City…